§6064 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

When the President tells the congressional committees under section 6063(c)(1) that a transition government is in power in Cuba, and after talking with Congress, the President may suspend the U.S. economic embargo and stop certain lawsuits under section 6082 for actions filed afterward, if doing so helps build a stable path to a democratically elected Cuban government. The President may suspend enforcement of specific U.S. laws and rules, including sections 2370(a) and 2370(f) (as they apply to the "Republic of Cuba"), sections 6003, 6004(d), and 6005, section 902(c) of the Food Security Act of 1985, and the Cuba transaction bans in 31 C.F.R. part 515. If the President submits a determination under section 6063(c)(3) that a democratically elected government is in power, the President must take steps to end the embargo and the part 515 restrictions. On that same date, section 2370(a) is repealed, section 2370(f) is changed by removing the words "Republic of Cuba," sections 6003, 6004(d), and 6005 are repealed, and section 902(c) of the Food Security Act of 1985 is repealed. If the President suspends the embargo under subsection (a), the President must notify Congress right away and then report at least every 6 months on Cuba’s progress until a determination under section 6063(c)(3) is made. The suspension stops if Congress enacts a joint resolution that disapproves the President’s action; that joint resolution must use the exact disapproval language shown in the law. House resolutions go to the Committee on International Relations and Senate resolutions go to the Committee on Foreign Relations. Senate consideration follows section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, and in the House a motion to proceed to such a joint resolution is treated as highly privileged. No more than one such joint resolution may be considered in each 6-month period starting from the President’s notice and in each 6-month period after that.

Title 22, §6064

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Upon submitting a determination to the appropriate congressional committees under section 6063(c)(1) of this title that a transition government in Cuba is in power, the President, after consultation with the Congress, is authorized to take steps to suspend the economic embargo of Cuba and to suspend the right of action created in section 6082 of this title with respect to actions thereafter filed against the Cuban Government, to the extent that such steps contribute to a stable foundation for a democratically elected government in Cuba.

(b)In carrying out subsection (a), the President may suspend the enforcement of—

(1)section 2370(a) of this title;

(2)section 2370(f) of this title with respect to the “Republic of Cuba”;

(3)section 6003, 6004(d), and 6005 of this title;

(4)section 902(c) of the Food Security Act of 1985; and

(5)the prohibitions on transactions described in part 515 of title 31, Code of Federal Regulations.

(c)Upon submitting a determination to the appropriate congressional committees under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power, the President shall take steps to terminate the economic embargo of Cuba, including the restrictions under part 515 of title 31, Code of Federal Regulations.

(d)On the date on which the President submits a determination under section 6063(c)(3) of this title—

(1)section 2370(a) of this title is repealed;

(2)section 2370(f) of this title is amended by striking “Republic of Cuba”;

(3)section 6003, 6004(d), and 6005 of this title are repealed; and

(4)section 902(c) of the Food Security Act of 1985 is repealed.

(e)(1)If the President takes action under subsection (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall report to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution described in paragraph (2).

(2)For purposes of this subsection, the term “joint resolution” means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress disapproves the action of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was submitted to the Congress on __.”, with the blank space being filled with the appropriate date.

(3)Joint resolutions introduced in the House of Representatives shall be referred to the Committee on International Relations and joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations.

(4)(A)Any joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(B)For the purpose of expediting the consideration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

(C)Not more than 1 joint resolution may be considered in the House of Representatives and the Senate in the 6-month period beginning on the date on which the President notifies the Congress under paragraph (1) of the action taken under subsection (a), and in each 6-month period thereafter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 902(c) of the Food Security Act of 1985, referred to in subsecs. (b)(4) and (d)(4), is section 902(c) of Pub. L. 99–198, which is set out as a note under section 1446g of Title 7, Agriculture. section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, referred to in subsec. (e)(2), is subsec. (a) of this section. section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (e)(4)(A), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§6064 Termination of Economic Embargo of Cuba